45-9-101.
(1) (a) The Department of Public Safety is
authorized to issue licenses to carry concealed pistols or revolvers to persons
qualified as provided in this section.
Such licenses shall be valid throughout the state for a period of four
(4) years from the date of issuance.
Any person possessing a valid license issued pursuant to this section
may carry a concealed pistol or concealed revolver.

(b)
The licensee must carry the license, together with valid identification,
at all times in which the licensee is carrying a concealed pistol or revolver
and must display both the license and proper identification upon demand by a
law enforcement officer. A violation of
the provisions of this paragraph (b) shall constitute a noncriminal violation
with a penalty of Twenty-five Dollars ($25.00) and shall be enforceable by
summons.

(2)
The Department of Public Safety shall issue a license if the applicant:

(a)
Is a resident of the state and has been a resident for twelve (12)
months or longer immediately preceding the filing of the application. However, this residency requirement may be
waived, provided the applicant possesses a valid permit from another state, is
active military personnel stationed in Mississippi or is a retired law enforcement
officer establishing residency in the state;

(b)
Is twenty-one (21) years of age or older;

(c)
Does not suffer from a physical infirmity which prevents the safe
handling of a pistol or revolver;

(d)
Is not ineligible to possess a firearm by virtue of having been
convicted of a felony in a court of this state, of any other state, or of the
United States without having been pardoned for same;

(e)
Does not chronically or habitually abuse controlled substances to the
extent that his normal faculties are impaired. It shall be presumed that an
applicant chronically and habitually uses controlled substances to the extent
that his faculties are impaired if the applicant has been voluntarily or
involuntarily committed to a treatment facility for the abuse of a controlled
substance or been found guilty of a crime under the provisions of the Uniform
Controlled Substances Law or similar laws of any other state or the United
States relating to controlled substances within a three-year period immediately
preceding the date on which the application is submitted;

(f)
Does not chronically and habitually use alcoholic beverages to the
extent that his normal faculties are impaired.
It shall be presumed that an applicant chronically and habitually uses
alcoholic beverages to the extent that his normal faculties are impaired if the
applicant has been voluntarily or involuntarily committed as an alcoholic to a
treatment facility or has been convicted of two (2) or more offenses related to
the use of alcohol under the laws of this state or similar laws of any other
state or the United States within the three-year period immediately preceding
the date on which the application is submitted;

(g)
Desires a legal means to carry a concealed pistol or revolver to defend
himself;

(h)
Has not been adjudicated mentally incompetent, or has waited five (5)
years from the date of his restoration to capacity by court order;

(i)
Has not been voluntarily or involuntarily committed to a mental
institution or mental health treatment facility unless he possesses a
certificate from a psychiatrist licensed in this state that he has not suffered
from disability for a period of five (5) years;

(j)
Has not had adjudication of guilt withheld or imposition of sentence suspended
on any felony unless three (3) years have elapsed since probation or any other
conditions set by the court have been fulfilled; * * *

(k)
Is not a fugitive from justice; and

(l) Is not disqualified to possess or own a weapon based on federal law.

(3)
The Department of Public Safety may deny a license if the applicant has
been found guilty of one or more crimes of violence constituting a misdemeanor
unless three (3) years have elapsed since probation or any other conditions set
by the court have been fulfilled or expunction has occurred prior to the date
on which the application is submitted, or may revoke a license if the licensee
has been found guilty of one or more crimes of violence within the preceding
three (3) years. The department shall,
upon notification by a law enforcement agency or a court and subsequent written
verification, suspend a license or the processing of an application for a
license if the licensee or applicant is arrested or formally charged with a
crime which would disqualify such person from having a license under this
section, until final disposition of the case.
The provisions of subsection (7) of this section shall apply to any
suspension or revocation of a license pursuant to the provisions of this
section.

(4)
The application shall be completed, under oath, on a form promulgated by
the Department of Public Safety and shall include only:

(a)
The name, address, place and date of birth, race, sex and occupation of
the applicant;

(b)
The driver's license number or Social Security number of applicant;

(c)
Any previous address of the applicant for the two (2) years preceding
the date of the application;

(d)
A statement that the applicant is in compliance with criteria contained
within subsections (2) and (3) of this section;

(e)
A statement that the applicant has been furnished a copy of this section
and is knowledgeable of its provisions;

(f)
A conspicuous warning that the application is executed under oath and
that a knowingly false answer to any question, or the knowing submission of any
false document by the applicant, subjects the applicant to criminal
prosecution; and

(g)
A statement that the applicant desires a legal means to carry a
concealed pistol or revolver to defend himself.

(5)
The applicant shall submit only the following to the Department of
Public Safety:

(a)
A completed application as described in subsection (4) of this section;

(b)
A full-face photograph of the applicant;

(c)
A nonrefundable license fee of One Hundred Dollars ($100.00). Costs for processing the set of fingerprints
as required in paragraph (c) of this subsection shall be borne by the
applicant. Honorably retired law
enforcement officers shall be exempt from the payment of the license fee;

(d)
A full set of fingerprints of the applicant administered by the
Department of Public Safety; and

(e)
A waiver authorizing the Department of Public Safety access to any
records concerning commitments of the applicant to any of the treatment
facilities or institutions referred to in subsection (2) and permitting access
to all the applicant's criminal records.

(6)
(a) The Department of Public
Safety, upon receipt of the items listed in subsection (5) of this section,
shall forward the full set of fingerprints of the applicant to the appropriate
agencies for state and federal processing.

(b)
The Department of Public Safety shall forward a copy of the applicant's
application to the sheriff of the applicant's county of residence and, if
applicable, the police chief of the applicant's municipality of residence. The sheriff of the applicant's county of
residence and, if applicable, the police chief of the applicant's municipality
of residence may, at his discretion, participate in the process by submitting a
voluntary report to the Department of Public Safety containing any readily
discoverable prior information that he feels may be pertinent to the licensing
of any applicant. The reporting shall
be made within thirty (30) days after the date he receives the copy of the
application. Upon receipt of a response
from a sheriff or police chief, such sheriff or police chief shall be
reimbursed at a rate set by the department.

(c)
The Department of Public Safety shall, within one hundred twenty (120)
days after the date of receipt of the items listed in subsection (5) of this
section:

(i) Issue the license; or

(ii) Deny the application based solely on the ground that the
applicant fails to qualify under the criteria listed in subsections (2) and (3)
of this section. If the Department of
Public Safety denies the application, it shall notify the applicant in writing,
stating the ground for denial, and the denial shall be subject to the appeal
process set forth in subsection (7).

(d)
In the event a legible set of fingerprints, as determined by the
Department of Public Safety and the Federal Bureau of Investigation, cannot be
obtained after a minimum of three (3) attempts, the Department of Public Safety
shall determine eligibility based upon a name check by the Mississippi Highway
Safety Patrol and a Federal Bureau of Investigation name check conducted by the
Mississippi Highway Safety Patrol at the request of the Department of Public
Safety.

(7)
(a) If the Department of Public
Safety denies the issuance of a license, or suspends or revokes a license, the
party aggrieved may appeal such denial, suspension or revocation to the
Commissioner of Public Safety, or his authorized agent, within thirty (30) days
after the aggrieved party receives written notice of such denial, suspension or
revocation. The Commissioner of Public
Safety, or his duly authorized agent, shall rule upon such appeal within thirty
(30) days after the appeal is filed and failure to rule within this thirty-day
period shall constitute sustaining such denial, suspension or revocation. Such review shall be conducted pursuant to
such reasonable rules and regulations as the Commissioner of Public Safety may
adopt.

(b)
If the revocation, suspension or denial of issuance is sustained by the
Commissioner of Public Safety, or his duly authorized agent pursuant to
paragraph (a) of this subsection, the aggrieved party may file within ten (10)
days after the rendition of such decision a petition in the circuit or county
court of his residence for review of such decision. A hearing for review shall be held and shall proceed before the
court without a jury upon the record made at the hearing before the
Commissioner of Public Safety or his duly authorized agent. No such party shall be allowed to carry a
concealed pistol or revolver pursuant to the provisions of this section while
any such appeal is pending.

(8)
The Department of Public Safety shall maintain an automated listing of
license holders and such information shall be available on-line, upon request,
at all times, to all law enforcement agencies through the Mississippi Crime
Information Center. However, the
records of the department relating to applications for licenses to carry
concealed pistols or revolvers and records relating to license holders shall be
exempt from the provisions of the Mississippi Public Records Act of 1983 for a
period of forty-five (45) days from the date of the issuance of the license or
the final denial of an application.

(9)
Within thirty (30) days after the changing of a permanent address, or
within thirty (30) days after having a license lost or destroyed, the licensee
shall notify the Department of Public Safety in writing of such change or loss.
Failure to notify the Department of Public Safety pursuant to the provisions of
this subsection shall constitute a noncriminal violation with a penalty of
Twenty-five Dollars ($25.00) and shall be enforceable by a summons.

(10)
In the event that a concealed pistol or revolver license is lost or
destroyed, the person to whom the license was issued shall comply with the
provisions of subsection (9) of this section and may obtain a duplicate, or
substitute thereof, upon payment of Fifteen Dollars ($15.00) to the Department
of Public Safety, and furnishing a notarized statement to the department that
such license has been lost or destroyed.

(11)
A license issued under this section shall be revoked if the licensee
becomes ineligible under the criteria set forth in subsection (2) of this
section.

(12)
No less than ninety (90) days prior to the expiration date of the
license, the Department of Public Safety shall mail to each licensee a written
notice of the expiration and a renewal form prescribed by the department. The licensee must renew his license on or
before the expiration date by filing with the department the renewal form, a
notarized affidavit stating that the licensee remains qualified pursuant to the
criteria specified in subsections (2) and (3) of this section, and a full
set of fingerprints administered by the Department of Public Safety. A renewal fee of Fifty Dollars ($50.00) shall
also be submitted along with costs for processing the fingerprints;
provided, however, that honorably retired law enforcement officers shall be
exempt from this renewal fee. The
Department of Public Safety shall forward the full set of fingerprints of the
applicant to the appropriate agencies for state and federal processing. The license shall be renewed upon receipt of
the completed renewal application and appropriate payment of fees. Additionally, a licensee who fails to file a
renewal application on or before its expiration date must renew his license by
paying a late fee of Fifteen Dollars ($15.00).
No license shall be renewed six (6) months or more after its expiration
date, and such license shall be deemed to be permanently expired. A person whose license has been permanently
expired may reapply for licensure; however, an application for licensure and
fees pursuant to subsection (5) of this section must be submitted, and a
background investigation shall be conducted pursuant to the provisions of this
section.

(13)
No license issued pursuant to this section shall authorize any person to
carry a concealed pistol or revolver into any place of nuisance as defined in
Section 95-3-1, Mississippi Code of 1972; any police, sheriff or highway patrol
station; any detention facility, prison or jail; any courthouse; any courtroom,
except that nothing in this section shall preclude a judge from carrying a
concealed weapon or determining who will carry a concealed weapon in his
courtroom; any polling place; any meeting place of the governing body of any
governmental entity; any meeting of the Legislature or a committee thereof; any
public park unless for the purpose of participating in any authorized firearms-related
activity; any school, college or professional athletic event not related to
firearms; any portion of an establishment, licensed to dispense alcoholic
beverages for consumption on the premises, that is primarily devoted to
dispensing alcoholic beverages; any portion of an establishment in which beer
or light wine is consumed on the premises, that is primarily devoted to such
purpose; any elementary or secondary school facility; any junior college,
community college, college or university facility unless for the purpose of
participating in any authorized firearms-related activity; inside the passenger
terminal of any airport, except that no person shall be prohibited from
carrying any legal firearm into the terminal if the firearm is encased for
shipment, for purposes of checking such firearm as baggage to be lawfully
transported on any aircraft; any church or other place of worship; or any place
where the carrying of firearms is prohibited by federal law. In addition to the places enumerated in this
subsection, the carrying of a concealed pistol or revolver may be disallowed in
any place in the discretion of the person or entity exercising control over the
physical location of such place by the placing of a written notice clearly
readable at a distance of not less than ten (10) feet that the "carrying
of a pistol or revolver is prohibited."
No license issued pursuant to this section shall authorize the
participants in a parade or demonstration for which a permit is required to
carry a concealed pistol or revolver.

(14)
A law enforcement officer as defined in Section 45-6-3, chiefs of
police, sheriffs and persons licensed as professional bondsmen pursuant to
Chapter 39, Title 83, Mississippi Code of 1972, shall be exempt from the
licensing requirements of this section.

(15)
Any person who knowingly submits a false answer to any question on an
application for a license issued pursuant to this section, or who knowingly
submits a false document when applying for a license issued pursuant to this
section, shall, upon conviction, be guilty of a misdemeanor and shall be
punished as provided in Section 99-19-31, Mississippi Code of 1972.

(16)
All fees collected by the Department of Public Safety pursuant to this
section shall be deposited into a special fund hereby created in the State
Treasury and shall be used for implementation and administration of this
section. After the close of each fiscal
year the balance in this fund shall be certified to the Legislature and then
may be used by the Department of Public Safety as directed by the Legislature.

(17)
All funds received by a sheriff or police chief pursuant to the
provisions of this section shall be deposited into the general fund of the
county or municipality, as appropriate, and shall be budgeted to the sheriff's
office or police department as appropriate.

(18)
Nothing in this section shall be construed to require or allow the
registration, documentation or providing of serial numbers with regard to any
firearm. Further, nothing in this
section shall be construed to allow the open and unconcealed carrying of any
deadly weapon as described in Section 97-37-1, Mississippi Code of 1972.

(19)
Any person holding a valid unrevoked and unexpired license to carry
concealed pistols or revolvers issued in another state * * * shall have such license recognized by this
state to carry concealed pistols or revolvers, provided that the issuing state
authorizes license holders from this state to carry concealed pistols or
revolvers in such issuing state and the appropriate authority has communicated
that fact to the Department of Public Safety.

(20)
The provisions of this section shall be under the supervision of the
Commissioner of Public Safety. The
commissioner is authorized to promulgate reasonable rules and regulations to
carry out the provisions of this section.

SECTION
2. This act shall take effect and
be in force from and after July 1, 2004.